AB 208: Vehicles: highway: lane use.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-04
Existing law requires, on a 2-lane highway where passing is unsafe due to specified reasons, a slow-moving vehicle behind which 5 or more vehicles are formed in a line to turn off the roadway at the nearest place designed as a turnout or wherever sufficient area of a safe turnout exists in order to permit the vehicles following it to proceed.
This bill would instead require, on a 2-lane highway where passing is unsafe due to specified reasons, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which 5 or more vehicles are formed in line, to turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists.
Existing law requires, on a 2-lane highway where passing is unsafe due to specified reasons, a slow-moving vehicle behind which 5 or more vehicles are formed in a line to turn off the roadway at the nearest place designed as a turnout or wherever sufficient area of a safe turnout exists in order to permit the vehicles following it to proceed.
This bill would instead require, on a 2-lane highway where passing is unsafe due to specified reasons, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which 5 or more vehicles are formed in line, to turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists.
Existing law requires, on a 2-lane highway where passing is unsafe due to specified reasons, a slow-moving vehicle behind which 5 or more vehicles are formed in a line to turn off the roadway at the nearest place designed as a turnout or wherever sufficient area of a safe turnout exists in order to permit the vehicles following it to proceed.
This bill would make a technical, nonsubstantive change to that provision. instead require, on a 2-lane highway where passing is unsafe due to specified reasons, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which 5 or more vehicles are formed in line, to turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists.
Existing law requires, on a 2-lane highway where passing is unsafe due to specified reasons, a slow-moving vehicle behind which 5 or more vehicles are formed in a line to turn off the roadway at the nearest place designed as a turnout or wherever sufficient area of a safe turnout exists in order to permit the vehicles following it to proceed.
This bill would make a technical, nonsubstantive change to that provision.
Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle. Existing law prohibits, subject to specified exceptions, the driver of a motor vehicle from overtaking or passing a bicycle proceeding in the same direction on a highway at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. A violation of these provisions is an infraction.
This bill would require the operator of a bicycle behind which 5 or more vehicles are formed in a line, to turn off the roadway at the nearest place designated as a turnout in order to permit the vehicles following him or her to proceed if the driver of a motor vehicle is unable to overtake or pass a bicycle proceeding in the same direction on a highway at a distance less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator.
Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle. Existing law prohibits, subject to specified exceptions, the driver of a motor vehicle from overtaking or passing a bicycle proceeding in the same direction on a highway at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. A violation of these provisions is an infraction.
This bill would require the operator of a bicycle behind which 5 or more vehicles are formed in a line, to turn off the roadway at the nearest place designated as a turnout in order to permit the vehicles following him or her to proceed if the driver of a motor vehicle is unable to overtake or pass a bicycle proceeding in the same direction on a highway at a distance less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator.
Existing law requires the Department of Transportation to establish minimum safety design criteria for the planning and construction of bikeways and uniform specifications and symbols for associated signs, markers, and traffic control devices. Existing law requires all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted to utilize all minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established under these provisions, except that alternative minimum safety design criteria may be used under certain conditions.
This bill would make nonsubstantive changes to these provisions.
Existing law requires the Department of Transportation to establish minimum safety design criteria for the planning and construction of bikeways and uniform specifications and symbols for associated signs, markers, and traffic control devices. Existing law requires all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted to utilize all minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established under these provisions, except that alternative minimum safety design criteria may be used under certain conditions.
This bill would make nonsubstantive changes to these provisions.
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed.
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed.
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which five or more vehicles are formed in line, shall turn off the highway roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed. As used in this section a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five or more vehicles are formed in line, shall turn off the roadway highway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed. As used in this section a slow-moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
SECTION 1.Section 21760 of the Vehicle Code is amended to read:21760.(a)This section shall be known and may be cited as the Three Feet for Safety Act.
(b)The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
(c)A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.
(d)If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.
(e)(1)If the driver of a motor vehicle is unable to comply with subdivision (d), the operator of a bicycle behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following the operator of the bicycle to proceed.
(2)Section 40000.1 does not apply to a violation of this subdivision.
(f)(1)A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).
(2)If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.
(a)This section shall be known and may be cited as the Three Feet for Safety Act.
(b)The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
(c)A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.
(d)If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.
(e)(1)If the driver of a motor vehicle is unable to comply with subdivision (d), the operator of a bicycle behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following the operator of the bicycle to proceed.
(2)Section 40000.1 does not apply to a violation of this subdivision.
(e)
(f)(1)A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).
(2)If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.
(f)This section shall become operative on September 16, 2014.
SECTION 1.Section 891 of the Streets and Highways Code is amended to read:891.(a)All city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted shall utilize the minimum safety design criteria established pursuant to Section 890.6, except as provided in subdivision (b), and shall utilize the uniform specifications and symbols for signs, markers, and traffic control devices established pursuant to Section 890.8.
(b)An agency may utilize minimum safety design criteria other than those established by Section 890.6 if all of the following conditions are met:
(1)The alternative criteria have been reviewed and approved by a qualified engineer with consideration for the unique characteristics and features of the proposed bikeway and surrounding environs.
(2)The alternative criteria, or the description of the project with reference to the alternative criteria, are adopted by resolution at a public meeting, after proper notice of the public meeting and opportunity for public comment are provided.
(3)The alternative criteria adhere to guidelines established by a national association of public agency transportation officials.
(a)All city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted shall utilize the minimum safety design criteria established pursuant to Section 890.6, except as provided in subdivision (b), and shall utilize the uniform specifications and symbols for signs, markers, and traffic control devices established pursuant to Section 890.8.
(b)An agency may utilize minimum safety design criteria other than those established by Section 890.6 if all of the following conditions are met:
(1)The alternative criteria have been reviewed and approved by a qualified engineer with consideration for the unique characteristics and features of the proposed bikeway and surrounding environs.
(2)The alternative criteria, or the description of the project with reference to the alternative criteria, are adopted by resolution at a public meeting, after having provided proper notice of the public meeting and opportunity for public comment are provided.
(3)The alternative criteria adhere to guidelines established by a national association of public agency transportation officials.
|
Date
|
Status
|
|---|---|
| May 14, 2015 | Referred to Com. on RLS. |
| Sep 4, 2015 | Chaptered by Secretary of State - Chapter 265, Statutes of 2015. |
| Sep 4, 2015 | Approved by the Governor. |
| Aug 24, 2015 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 17, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 17, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2461.). |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1986.). |
| Jul 16, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 16, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77. |
| Jul 9, 2015 | Read second time and amended. Ordered to consent calendar. |
| Jul 8, 2015 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (July 7). |
| Jun 17, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 28, 2015 | Re-referred to Com. on T. & H. |
| Jan 29, 2015 | Read first time. To print. |
| May 4, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1263.) |
| May 4, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 4, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 29, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 28, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 27). |
| Apr 22, 2015 | Re-referred to Com. on TRANS. |
| Apr 21, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 9, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 6, 2015 | Re-referred to Com. on TRANS. |
| Mar 26, 2015 | Referred to Com. on TRANS. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Jan 30, 2015 | From printer. May be heard in committee March 1. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2015 | AB 208 BIGELOW Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 16, 2015 | Consent Calendar 2nd AB208 Bigelow | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass as amended, and be ordered to the Consent Calendar | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 4, 2015 | AB 208 BIGELOW Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 27, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 208
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 208
(Bigelow)
As Amended July 9, 2015
Majority vote
ASSEMBLY: |
78-0 |
(May 4, 2015) |
SENATE: |
38-0 |
(July 16, 2015) |
Original Committee Reference: TRANS.
SUMMARY: Clarifies the existing requirement that slow-moving vehicles turn off on a roadway when safe to do so when five or more vehicles are behind them in order to allow the faster-moving traffic to proceed.
The Senate amendments clarify that any vehicle on a two-lane highway, as specified, traveling at less than the normal speed of traffic, is required to turn off the roadway at the nearest designated turnout when five or more vehicles have formed a line behind that vehicle.
EXISTING LAW:
Requires, on two-lane highways where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle behind which five or more vehicles are following to turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists in order to permit the vehicles following it to proceed.
Provides, generally, that a person riding a bicycle upon a highway has all rights and is subject to all laws applicable to the driver of a motor vehicle.
Requires a driver who is passing another vehicle proceeding in the same direction to pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle.
Prohibits a driver from driving to the left of double solid parallel yellow or white lines except under very limited circumstances, such as passing another vehicle or entering a two-way left turn lane.
Requires a driver, when passing a bicycle, to provide at least three feet of space between his or her vehicle and the bicycle.
Requires a driver who is unable to provide three feet of space when passing a bicycle due to traffic or roadway conditions to slow to a speed that is reasonable and prudent and pass only when doing so would not endanger the safety of the bicyclist.
Defines "roadway" as that portion of a highway improved, designed, or ordinarily used for vehicular travel.
Defines "highway" as a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
FISCAL EFFECT: None
COMMENTS: California law has long required that slow-moving vehicles turn off the roadway when safe to do so if five or more vehicles are behind them in order to allow faster-moving traffic to pass. This law applies to cars as well as to bicyclists and other road users.
In 2014, the Legislature passed and the Governor signed AB 1371 (Bradford), Chapter 331, Statutes of 2013, which requires drivers to provide at least three feet of space between their vehicle and a bicycle when passing the bicycle. If a driver is unable to provide the three feet of passing distance, he or she must slow to a reasonable and prudent speed and pass only when doing so will not endanger the bicyclist's safety.
The author introduced this bill because of concerns about the difficulty of drivers providing three feet of passing space on many narrow rural roads that are popular with bicyclists. On these roads, lines of cars may end up forming behind a bicyclist as drivers slow to a safe speed and wait for an opportunity to pass safely. In theory, in such a situation it would be incumbent upon the bicyclist to turn off at the next available opportunity to allow the drivers to pass safely, assuming an opportunity to turn off arises sooner than an opportunity for the vehicles to pass safely.
This bill aims to provide clarification to ensure that this requirement applies to any vehicle, including bicyclists, who may be operating on a narrow road but still impeding faster-moving traffic because drivers cannot safely provide three feet of passing distance.
According to the author, "the roads that wind through the California foothills provide automotive and bicycle enthusiasts with some of the most scenic rides in our country. These roads are usually very narrow and make it nearly impossible to respect the three-foot rule that was passed by the Legislature in 2014. AB 208 aims to improve safety conditions for both bicyclists and drivers on these narrow, winding roads."
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001210
AB 208
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 208
Amended: 7/9/15 in Senate
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 7/7/15
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
ASSEMBLY FLOOR: 78-0, 5/4/15 (Consent) - See last page for vote
SUBJECT: Vehicles: highway: lane use
DIGEST: This bill aims to clarify the slow-moving vehicle statute.
Existing law:
Prohibits a driver from driving to the left of double solid parallel yellow or white lines except under very limited circumstances, such as passing another vehicle or entering a two-way left-turn lane.
Allows a bicyclist to operate on any shoulder of any highway if not otherwise prohibited by statute or local ordinance.
Enacts the Three Feet for Safety Act, which, effective September 1, 2014, requires the driver of a motor vehicle who is passing a bicyclist in the same direction on a highway to pass at a distance of at least three feet between the vehicle and the bicycle. It also requires the driver, if unable to provide three feet of passing distance, to slow to a reasonable speed and to pass only when doing so will not endanger the bicyclist.
Provides that when a slow-moving vehicle, including a passenger vehicle, has five or more vehicles in line behind it on a two-lane highway, and passing is unsafe because of oncoming traffic or other conditions, it must turn off the roadway at the nearest safe turnout to allow other vehicles to pass.
Defines a slow-moving vehicle as one which is proceeding slower than the normal flow of traffic.
Defines “roadway” as the portion of a highway that is improved, designed, or ordinarily used for vehicular travel.
Defines “highway” as a way or place, including a street, that is publicly maintained and open to public use for purposes of vehicular travel.
This bill aims to clarify the slow-moving vehicle statute by revising the definition.
Comments
Purpose. The author states that because the roads of rural California tend to be very narrow, it is nearly impossible for drivers to respect the Three Feet for Safety Act. Some two-lane highways are so narrow that even if a bicyclist is riding on the shoulder, the motorist is unable to provide three feet of space. This bill aims to clarify that even if the slow-moving vehicle is a bicycle, it must pull over to let other vehicles pass if five or more vehicles are lined up behind it.
Where do I pull off? When this bill was heard in the Assembly, it replaced the term “roadway” with the broader term “highway.” This language was an attempt to clarify that the Three Feet for Safety Act applies to a bicyclist riding on the shoulder (which is included in the definition of “highway” but not in the definition of “roadway”). The California Association of Bicycling Organizations (CABO), however, registered opposition when this bill came to the Transportation and Housing Committee. CABO raised concerns that the term “highway” technically includes turnouts, meaning that a bicyclist who is required to move over would be required to pull off the highway altogether, e.g., into a private driveway. To remove opposition to this bill, the author amended this bill to change “highway” back to “roadway.”
What is a slow-moving vehicle? Although the slow-moving vehicle definition in existing law does not explicitly include bicycles, existing law makes every person riding a bicycle on a highway subject to all the provisions applicable to the driver of a vehicle. Therefore, bicyclists are subject to the slow-moving vehicle rule. Existing law, however, refers to “a slow-moving vehicle, including a passenger vehicle,” which the author believes causes confusion as it appears to emphasize buses and vans. To clarify existing law, this bill strikes the current definition of slow-moving vehicle and instead requires any vehicle proceeding upon the highway at a speed less than the normal speed of traffic to pull off the roadway if it has five or more vehicles lined up behind it.
Related Legislation
AB 1371 (Bradford, Chapter 331, Statutes of 2013) — established the Three Feet for Safety Act effective September 1, 2014.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
None received
OPPOSITION: (Verified 7/10/15)
None received
ASSEMBLY FLOOR: 78-0, 5/4/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Dahle
Prepared by: Erin Riches / T. & H. / (916) 651-4121
7/10/15 14:09:09
AB 208 (Bigelow) Page 3 of 3
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 208 Hearing Date: 7/7/2015
Author: |
Bigelow |
||
Version: |
4/21/2015 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Erin Riches |
||
SUBJECT: MERGEFIELD ca_subject \* MERGEFORMAT MERGEFIELD ca_subject \* MERGEFORMAT Slow-moving vehicles: passing
DIGEST: This bill aims to clarify the slow-moving vehicle statute.
ANALYSIS:
Existing law:
Prohibits a driver from driving to the left of double solid parallel yellow or white lines except under very limited circumstances, such as passing another vehicle or entering a two-way left-turn lane.
Allows a bicyclist to operate on any shoulder of any highway if not otherwise prohibited by statute or local ordinance.
Enacts the Three Feet for Safety Act, which, effective September 1, 2014, requires the driver of a motor vehicle who is passing a bicyclist in the same direction on a highway to pass at a distance of at least three feet between the vehicle and the bicycle. It also requires the driver, if unable to provide three feet of passing distance, to slow to a reasonable speed and to pass only when doing so will not endanger the bicyclist.
Provides that when a slow-moving vehicle, including a passenger vehicle, has five or more vehicles in line behind it on a two-lane highway, and passing is unsafe because of oncoming traffic or other conditions, it must turn off the roadway at the nearest safe turnout to allow other vehicles to pass.
Defines a slow-moving vehicle as one which is proceeding slower than the normal flow of traffic.
Defines “roadway” as the portion of a highway that is improved, designed, or ordinarily used for vehicular travel.
Defines “highway” as a way or place, including a street, that is publicly maintained and open to public use for purposes of vehicular travel.
This bill aims to clarify the slow-moving vehicle statute by revising the definition.
COMMENTS:
Purpose. The author states that because the roads of rural California tend to be very narrow, it is nearly impossible for drivers to respect the Three Feet for Safety Act. Some two-lane highways are so narrow that even if a bicyclist is riding on the shoulder, the motorist is unable to provide three feet of space. This bill aims to clarify that even if the slow-moving vehicle is a bicycle, it must pull over to let other vehicles pass if five or more vehicles are lined up behind it.
Where do I pull off? When this bill was heard in the Assembly, it replaced the term “roadway” with the broader term “highway.” This language was an attempt to clarify that the Three Feet for Safety Act applies to a bicyclist riding on the shoulder (which is included in the definition of “highway” but not in the definition of “roadway”). The California Association of Bicycling Organizations (CABO), however, registered opposition when this bill came to this committee. CABO raised concerns that the term “highway” technically includes turnouts, meaning that a bicyclist who is required to move over would be required to pull off the highway altogether, e.g., into a private driveway. To remove opposition to this bill, the author will accept amendments to change “highway” back to “roadway.”
What is a slow-moving vehicle? Although the slow-moving vehicle definition in existing law does not explicitly include bicycles, existing law makes every person riding a bicycle on a highway subject to all the provisions applicable to the driver of a vehicle. Therefore, bicyclists are subject to the slow-moving vehicle rule. Existing law, however, refers to “a slow-moving vehicle, including a passenger vehicle,” which the author believes causes confusion as it appears to emphasize buses and vans. To clarify existing law, the author will accept amendments to strike the current definition of slow-moving vehicle and instead require any vehicle proceeding upon the highway at a speed less than the normal speed of traffic to pull off the roadway if it has five or more vehicles lined up behind it.
Related Legislation:
AB 1371 (Bradford, Chapter 331, Statutes of 2013) — established the Three Feet for Safety Act effective September 1, 2014.
Assembly Votes:
Floor: 78-0
Trans: 16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
July 1, 2015.)
SUPPORT:
None received
OPPOSITION:
None received
-- END --
AB 208 (Bigelow) Page 3 of 3
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 208 Hearing Date: 6/16/2015
Author: |
Bigelow |
||
Version: |
4/21/2015 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Erin Riches |
||
SUBJECT: Slow-moving vehicles: passing
DIGEST: This bill expands the slow-moving vehicle statute to include the shoulder of a highway.
ANALYSIS:
Existing law:
Prohibits a driver from driving to the left of double solid parallel yellow or white lines except under very limited circumstances, such as passing another vehicle or entering a two-way left turn lane.
Allows a bicyclist to operate on any shoulder of any highway if not otherwise prohibited by statute or local ordinance.
Enacts the Three Feet for Safety Act, which, effective September 1, 2014, requires the driver of a motor vehicle who is passing a bicyclist in the same direction on a highway to pass at a distance of at least three feet between the vehicle and the bicycle. It also requires the driver, if unable to provide three feet of passing distance, to slow to a reasonable speed and to pass only when doing so will not endanger the bicyclist.
Provides that when a slow-moving vehicle has five or more vehicles in line behind it on a two-lane highway, and passing is unsafe because of oncoming traffic or other conditions, the slow-moving vehicle must turn off the roadway at the nearest safe turnout to allow other vehicles to pass.
Defines a slow-moving vehicle as one which is proceeding slower than the normal flow of traffic.
Defines “roadway” as the portion of a highway that is improved, designed, or ordinarily used for vehicular travel.
Defines “highway” as a way or place, including a street, that is publicly maintained and open to public use for purposes of vehicular travel.
This bill provides that the slow-moving vehicle rule applies when a bicyclist is riding on the shoulder of a highway.
COMMENTS:
Purpose. The author states that because the roads of rural California tend to be very narrow, it is nearly impossible for drivers to respect the Three Feet for Safety Act. Some two-lane highways are so narrow that even if a bicyclist is riding on the shoulder, the motorist is unable to provide three feet of space. Because a “roadway” is defined as a portion of a highway, both bicyclists and motorists are confused as to whether the three-foot rule applies in a situation where a bicyclist is riding on the shoulder rather than on the actual road. This bill addresses that confusion by specifying that the requirement for a slow-moving vehicle to pull over at the next turnout applies to highways (which include shoulders) rather than just roadways. The author states that this clarification will make the roads safer for both motorists and bicyclists.
What if the “slow-moving vehicle” is a bicyclist? Existing law defines a slow-moving vehicle as one that is proceeding slower than the normal flow of traffic. Although this definition does not technically include bicycles, existing law makes every person riding a bicycle on a highway subject to all the provisions applicable to the driver of a vehicle. Therefore, this bill would require a bicyclist riding on the shoulder of a highway, who has five or more cars lined up behind him or her, to turn off the highway at the nearest safe turnout to allow the vehicles to pass. But this would only apply if the cars do not pass the bike with less than three feet of space when it is safe to do so, as currently allowed under the Three Feet for Safety Act.
Related Legislation:
AB 1371 (Bradford, Chapter 331, Statutes of 2013) established the Three Feet for Safety Act effective September 1, 2014.
Assembly Votes:
Floor: 78-0
Trans: 16-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 10, 2015.)
SUPPORT:
None received
OPPOSITION:
None received
-- END --
AB 208
Page 2
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 208
(Bigelow) – As Amended April 21, 2015
SUBJECT: Vehicles: highway: lane use
SUMMARY: Clarifies the existing requirement that slow-moving vehicles turn off when safe to do so when five or more vehicles are behind them in order to allow the faster-moving traffic to proceed to ensure that this requirement applies regardless of where the slow-moving vehicle is positioned on the highway.
EXISTING LAW:
Requires, on two-lane highways where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle behind which five or more vehicles are following to turn off the roadway at the nearest place designated as a turnout or wherever sufficient area for a safe turnout exists in order to permit the vehicles following it to proceed.
Generally provides that a person riding a bicycle upon a highway has all rights and is subject to all laws applicable to the driver of a motor vehicle.
Requires a driver who is passing another vehicle proceeding in the same direction to pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle.
Prohibits a driver from driving to the left of double solid parallel yellow or white lines except under very limited circumstances, such as passing another vehicle or entering a two-way left turn lane.
Requires a driver, when passing a bicycle, to provide at least three feet of space between his or her vehicle and the bicycle.
Requires a driver who is unable to provide three feet of space when passing a bicycle due to traffic or roadway conditions to slow to a speed that is reasonable and prudent and pass only when doing so would not endanger the safety of the bicyclist.
Defines "roadway" as that portion of a highway improved, designed, or ordinarily used for vehicular travel.
Defines "highway" as a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
FISCAL EFFECT: None
COMMENTS: California law has long required that slow-moving vehicles turn off the roadway when safe to do so if five or more vehicles are behind them in order to allow faster-moving traffic to pass. This law applies to cars as well as to bicyclists and other road users. The term "roadway" does not appear to encompass the shoulder since it is defined as the part of a highway used for vehicular travel. In other words, the roadway is only a part of the highway, the traffic lanes. "Highway" is the more expansive term that includes the roadway plus any shoulder.
In 2014, the Legislature passed and the Governor signed AB 1371 (Bradford), Chapter 331, Statutes of 2013, which requires drivers to provide at least three feet of space between their vehicle and a bicycle when passing the bicycle. If a driver is unable to provide the three feet of passing distance, he or she must slow to a reasonable and prudent speed and pass only when doing so will not endanger the bicyclist's safety.
The author introduced AB 208 because of concerns about the difficulty of drivers providing three feet of passing space on many narrow rural roads that are popular with bicyclists. On these roads, lines of cars may end up forming behind a bicyclist as drivers slow to a safe speed and wait for an opportunity to pass safely. In theory, in such a situation it would be incumbent upon the bicyclist to turn off at the next available opportunity to allow the drivers to pass safely, assuming an opportunity to turn off arises sooner than an opportunity for the vehicles to pass safely. However, if the bicyclist is on the shoulder (where a bicyclist may choose, but is not required, to ride) it is not clear that this law applies.
This bill replaces the term "roadway" with the broader term "highway" in the requirement that slow-moving vehicles turn off when safe to do so when five or more vehicles are behind them. This clarification will ensure that this requirement applies to bicyclists who may be on the shoulder of a narrow road but still impeding faster-moving traffic because drivers cannot safely provide three feet of passing distance.
According to the author, "the roads that wind through the California foothills provide automotive and bicycle enthusiasts with some of the most scenic rides in our country. These roads are usually very narrow and make it nearly impossible to respect the three-foot rule that was passed by the Legislature in 2014. AB 208 aims to improve safety conditions for both bicyclists and drivers on these narrow, winding roads."
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):